McHenry v. Sypher

This was an action of right, and in the court below the defendant moved to transfer the same to the equity docket, and consolidate it with the cause in equity entitled R. W. Sypher v. A. L. Robertson and M. D. McHenry & W. H. McHenry, defendants; alleging in substance that before this suit had been instituted, he had filed his petition in equity to set aside the sale of the identical property in controversy made by the trustee, and to cancel and set aside the deed under which the plaintiff in this action claims title to the property in controversy. The motion further stated that the same…